N.Y. Arts & Cult. Aff. Law § 15.03

Current through 2024 NY Law Chapter 443

Section 15.03 - Information required

The following information shall be supplied, as indicated, as to each multiple produced on or after January first, nineteen hundred eighty-two:

1. Artist. State the name of the artist.

2. Signature. If the artist's name appears on the multiple, state whether the multiple was signed by the artist. If not signed by the artist then state the source of the artist's name on the multiple, such as whether the artist placed his signature on the master, whether his name was stamped or estate stamped on the multiple, or was from some other source or in some other manner placed on the multiple.

3. Medium or process.

(a) Describe the medium or process, and where pertinent to photographic processes the material, used in producing the multiple, such as whether the multiple was produced through etching, engraving, lithographic, serigraphic or a particular method and/or material used in the photographic developing processes. If an established term, in accordance with the usage of the trade, cannot be employed accurately to describe the medium or process, a brief, clear description shall be made.

(b) If the purported artist was deceased at the time the master was made which produced the multiple, this shall be stated.

(c) If the multiple or the image on or in the master constitutes a mechanical, photomechanical, hand-made or photographic type of reproduction, or is a reproduction, of an image produced in a different medium, for a purpose other than the creation of the multiple being described, this information and the respective mediums shall be stated.

(d) If paragraph (c) of this subdivision is applicable, and the multiple is not signed, state whether the artist authorized or approved in writing the multiple or the edition of which the multiple being described is one.

4. Use of master.

(a) If the multiple is a "posthumous" multiple, that is, if the master was created during the life of the artist but the multiple was produced after the artist's death, this shall be stated.

(b) If the multiple was made from a master which produced a prior limited edition, or from a master which constitutes or was made from a reproduction of a prior multiple or of a master which produced prior multiples, this shall be stated.

5. Time produced. As to multiples produced after nineteen hundred forty-nine, state the year or approximate year the multiple was produced. As to multiples produced prior to nineteen hundred fifty, state the year, approximate year or period when the master was made which produced the multiple and/or when the particular multiple being described was produced. The requirements of this subdivision shall be satisfied when the year stated is approximately accurate.

6. Size of the edition.

(a) If the multiple being described is offered as one of a limited edition, this shall be so stated, as well as the number of multiples in the edition, and whether and how the multiple is numbered.

(b) Unless otherwise disclosed, the number of multiples stated pursuant to paragraph (a) of this subdivision shall constitute an express warranty, as defined in section 13.01 of this title, that no additional numbered multiples of the same image, exclusive of proofs, have been produced.

(c) The number of multiples stated pursuant to paragraph (a) of this subdivision shall also constitute an express warranty, as defined in section 13.01 of this title, that no additional multiples of the same image, whether designated "proofs" other than trial proofs, numbered or otherwise, have been produced in an amount which exceeds the number in the limited edition by twenty or twenty percent, whichever is greater.

(d) If the number of multiples exceeds the number in the stated limited edition as provided in paragraph (c) of this subdivision, then state the number of proofs other than trial proofs, or other numbered or unnumbered multiples, in the same or other prior editions, produced from the same master as described in paragraph (b) of subdivision four of this section, and whether and how they are signed and numbered.

N.Y. Arts and Cult. Aff. Law § 15.03